US (United States) Code. Title 38. Part III. Chapter 39: Automobiles and related benefits equipment for certain

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 16 páginas
publicidad
cursos destacados
Graba audio con Apple Logic Pro 9
Graba audio con Apple Logic Pro 9
En este curso aprenderemos a realizar grabaciones de audio de calidad utilizando Apple Logic Pro 9. Exploraremos todo...
Ver más información

Cómo montar un Ordenador
Cómo montar un Ordenador
En este curso te guiamos de una forma muy práctica y gráfica, para que puedas realizar el montaje de tu...
Ver más información

publicidad

-CITE-

38 USC CHAPTER 39 - AUTOMOBILES AND ADAPTIVE EQUIPMENT

FOR CERTAIN DISABLED VETERANS AND MEMBERS OF

THE ARMED FORCES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 39 - AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED

VETERANS AND MEMBERS OF THE ARMED FORCES

-HEAD-

CHAPTER 39 - AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN

DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES

-MISC1-

Sec.

3901. Definitions.

3902. Assistance for providing automobile and adaptive

equipment.

3903. Limitations on assistance; special training courses.

3904. Research and development.

-COD-

CODIFICATION

This chapter as added by Pub. L. 91-666, Sec. 2(a), Jan. 11,

1971, 84 Stat. 1998, constitutes a general revision of the

provisions of a prior chapter 39, as enacted by Pub. L. 85-857,

Sept. 2, 1958, 72 Stat. 1215, and amended thereafter. The analysis

in the original consisted of the following provisions:

"Automobiles For Disabled Veterans" in the chapter heading.

"Veterans eligible for assistance" in item 1901.

"Limitation on types of assistance furnished and veterans

otherwise entitled" in item 1902.

"Limitation on amounts paid by United States" in item 1903.

"Prohibition against duplication of benefits" in item 1904.

"Applications" in item 1905.

-MISC2-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 1901 to 1904 as 3901 to 3904, respectively.

1976 - Pub. L. 94-581, title II, Sec. 205(b)(1), Oct. 21, 1976,

90 Stat. 2858, struck out "; coordination with other Federal

programs" in item 1904.

1974 - Pub. L. 93-538, Secs. 4(c), 5(b), Dec. 22, 1974, 88 Stat.

1737, inserted "; special training courses" in item 1903, and added

item 1904.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 1524 of this title;

title 2 section 905; title 26 section 6334.

-End-

-CITE-

38 USC Sec. 3901 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 39 - AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED

VETERANS AND MEMBERS OF THE ARMED FORCES

-HEAD-

Sec. 3901. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "eligible person" means -

(A) any veteran entitled to compensation under chapter 11 of

this title for any of the disabilities described in subclause

(i), (ii), or (iii) below, if the disability is the result of an

injury incurred or disease contracted in or aggravated by active

military, naval, or air service:

(i) The loss or permanent loss of use of one or both feet;

(ii) The loss or permanent loss of use of one or both hands;

(iii) The permanent impairment of vision of both eyes of the

following status: central visual acuity of 20/200 or less in

the better eye, with corrective glasses, or central visual

acuity of more than 20/200 if there is a field defect in which

the peripheral field has contracted to such an extent that the

widest diameter of visual field subtends an angular distance no

greater than twenty degrees in the better eye; or

(B) any member of the Armed Forces serving on active duty who

is suffering from any disability described in subclause (i),

(ii), or (iii) of clause (A) of this paragraph if such disability

is the result of an injury incurred or disease contracted in or

aggravated by active military, naval, or air service.

(2) The term "adaptive equipment" includes, but is not limited

to, power steering, power brakes, power window lifts, power seats,

and special equipment necessary to assist the eligible person into

and out of the automobile or other conveyance. Such term also

includes (A) air-conditioning equipment when such equipment is

necessary to the health and safety of the veteran and to the safety

of others, regardless of whether the automobile or other conveyance

is to be operated by the eligible person or is to be operated for

such person by another person; and (B) any modification of the size

of the interior space of the automobile or other conveyance if

needed because of the physical condition of such person in order

for such person to enter or operate the vehicle.

-SOURCE-

(Added Pub. L. 91-666, Sec. 2(a), Jan. 11, 1971, 84 Stat. 1998,

Sec. 1901; amended Pub. L. 93-538, Sec. 2, Dec. 22, 1974, 88 Stat.

1736; Pub. L. 94-433, title III, Sec. 303, Sept. 30, 1976, 90 Stat.

1377; Pub. L. 95-116, Sec. 1(a), Oct. 3, 1977, 91 Stat. 1062;

renumbered Sec. 3901, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1901 of this title as

this section.

1977 - Par. (1). Pub. L. 95-116 struck out "on or after September

16, 1940" after "or air service" in cls. (A) and (B).

1976 - Par. (1). Pub. L. 94-433, Sec. 303(1), (2), substituted

"on or after September 16, 1940" for "during World War II or

thereafter" in cls. (A) and (B).

1974 - Par. (1)(A). Pub. L. 93-538, Sec. 2(1), substituted "World

War II or thereafter" for "World War II, or the Korean conflict; or

if the disability is the result of an injury incurred or disease

contracted in or aggravated by active military, naval, or air

service performed after January 31, 1955, and the injury was

incurred or the disease was contracted in line of duty as a direct

result of the performance of military duty."

Par. (1)(B). Pub. L. 93-538, Sec. 2(2), substituted "World War II

or thereafter" for "World War II, the Korean conflict, or the

Vietnam era; or if such disability is the result of an injury

incurred or disease contracted in or aggravated by any other active

military, naval, or air service performed after January 31, 1955,

and the injury was incurred or the disease was contracted in line

of duty as a direct result of the performance of military duty."

Par. (2). Pub. L. 93-538, Sec. 2(2), substituted definition of

"adaptive equipment" for definition of "World War II".

EFFECTIVE DATE OF 1977 AMENDMENT

Section 1(b) of Pub. L. 95-116 provided that: "The amendment made

by subsection (a) of this section [amending this section] shall

become effective October 1, 1977."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 6 of Pub. L. 93-538 provided that: "The provisions of

this Act [enacting section 1904 [now 3904] of this title, amending

this section and sections 1902 and 1903 [now 3902 and 3903] of this

title, and enacting provisions set out as a note under this

section] shall become effective on the first day of the second

calendar month following the date of enactment [Dec. 22, 1974],

except that clause (3) of section 3 [amending section 1902 [now

3902] of this title] shall take effect on January 11, 1971."

SHORT TITLE

For short title of Pub. L. 91-666, Jan. 11, 1971, 84 Stat. 1998,

which enacted this chapter, as the "Disabled Veterans' and

Servicemen's Automobile Assistance Act of 1970", see section 1 of

Pub. L. 91-666, set out as a Short Title of 1971 Amendment note

under section 101 of this title.

-End-

-CITE-

38 USC Sec. 3902 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 39 - AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED

VETERANS AND MEMBERS OF THE ARMED FORCES

-HEAD-

Sec. 3902. Assistance for providing automobile and adaptive

equipment

-STATUTE-

(a) The Secretary, under regulations which the Secretary shall

prescribe, shall provide or assist in providing an automobile or

other conveyance to each eligible person by paying the total

purchase price of the automobile or other conveyance (including all

State, local, and other taxes) or $9,000, whichever is the lesser,

to the seller from whom the eligible person is purchasing under a

sales agreement between the seller and the eligible person.

(b)(1) The Secretary, under regulations which the Secretary shall

prescribe, shall provide each eligible person the adaptive

equipment deemed necessary to insure that the eligible person will

be able to operate the automobile or other conveyance in a manner

consistent with such person's own safety and the safety of others

and so as to satisfy the applicable standards of licensure

established by the State of such person's residency or other proper

licensing authority.

(2) In the case of any veteran (other that a person eligible for

assistance under paragraph (1) of this subsection) who is entitled

to compensation for ankylosis of one or both knees, or one or both

hips, the Secretary, under the terms and conditions set forth in

subsections (a), (c), and (d) of section 3903 of this title and

under regulations which the Secretary shall prescribe, shall

provide such adaptive equipment to overcome the disability

resulting from such ankylosis as (A) is necessary to meet the

applicable standards of licensure established by the State of such

veteran's residency or other proper licensing authority for the

operation of such veteran's automobile or other conveyance by such

veteran, and (B) is determined to be necessary by the Under

Secretary for Health for the safe operation of such automobile or

other conveyance by such veteran.

(c) In accordance with regulations which the Secretary shall

prescribe, the Secretary shall (1) repair, replace, or reinstall

adaptive equipment deemed necessary for the operation of an

automobile or other conveyance acquired in accordance with the

provisions of this chapter, and (2) provide, repair, replace, or

reinstall such adaptive equipment for any automobile or other

conveyance which an eligible person may previously or subsequently

have acquired.

(d) If an eligible person cannot qualify to operate an automobile

or other conveyance, the Secretary shall provide or assist in

providing an automobile or other conveyance to such person, as

provided in subsection (a) of this section, if the automobile or

other conveyance is to be operated for the eligible person by

another person.

-SOURCE-

(Added Pub. L. 91-666, Sec. 2(a), Jan. 11, 1971, 84 Stat. 1999,

Sec. 1902; amended Pub. L. 93-538, Sec. 3, Dec. 22, 1974, 88 Stat.

1736; Pub. L. 95-479, title III, Sec. 304, Oct. 18, 1978, 92 Stat.

1565; Pub. L. 97-66, title III, Secs. 301-303, Oct. 17, 1981, 95

Stat. 1030; Pub. L. 98-543, title III, Sec. 305(a), Oct. 24, 1984,

98 Stat. 2748; Pub. L. 100-322, title III, Sec. 302, May 20, 1988,

102 Stat. 534; renumbered Sec. 3902 and amended Pub. L. 102-83,

Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,

106 Stat. 1984; Pub. L. 105-178, title VIII, Sec. 8205(a), June 9,

1998, 112 Stat. 494; Pub. L. 107-103, title V, Sec. 503, Dec. 27,

2001, 115 Stat. 995.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103 substituted "$9,000" for

'$8,000".

1998 - Subsec. (a). Pub. L. 105-178 substituted "$8,000" for

"$5,500".

1992 - Subsec. (b)(2). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1902 of this

title as this section.

Subsecs. (a), (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "3903"

for "1903".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Subsecs. (c), (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

1988 - Subsec. (a). Pub. L. 100-322 substituted "$5,500" for

"$5,000".

1984 - Subsec. (a). Pub. L. 98-543 substituted "$5,000" for

"$4,400".

1981 - Subsec. (a). Pub. L. 97-66, Secs. 301, 303, substituted

"which the Administrator shall prescribe" for "which he shall

prescribe" and "$4,400" for "$3,800".

Subsec. (b). Pub. L. 97-66, Secs. 302, 303, designated existing

provisions as par. (1), substituted "which the Administrator shall

prescribe" for "which he shall prescribe" and "such person's" for

"his" in two places, and added par. (2).

Subsec. (c). Pub. L. 97-66, Sec. 303, substituted "which the

Administrator shall prescribe" for "which he shall prescribe".

1978 - Subsec. (a). Pub. L. 95-479 substituted "$3,800" for

"$3,300".

1974 - Subsec. (a). Pub. L. 93-538, Sec. 3(1), (2), substituted

"automobile or other conveyance (including all State, local, and

other taxes) or $3,300" for "automobile or other conveyance or

$2,800".

Subsec. (c). Pub. L. 93-538, Sec. 3(3), substituted "person may

previously or subsequently have acquired" for "person may

subsequently have acquired".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-178, title VIII, Sec. 8205(b), June 9, 1998, 112

Stat. 494, provided that: "The amendment made by subsection (a)

[amending this section] shall apply with respect to assistance

furnished under section 3902 of such title on or after October 1,

1998."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-322 effective Apr. 1, 1988, see section

304 of Pub. L. 100-322, set out as a note under section 2102 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-543 effective Jan. 1, 1985, see section

305(c) of Pub. L. 98-543, set out as a note under section 3903 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401(a) of Pub. L. 95-479, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by section 3(1), (2) of Pub. L. 93-538 effective first

day of second calendar month following Dec. 22, 1974, and amendment

by section 3(3) of Pub. L. 93-538 effective Jan. 11, 1971, see

section 6 of Pub. L. 93-538, set out as a note under section 3901

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3903 of this title.

-End-

-CITE-

38 USC Sec. 3903 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 39 - AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED

VETERANS AND MEMBERS OF THE ARMED FORCES

-HEAD-

Sec. 3903. Limitations on assistance; special training courses

-STATUTE-

(a) No eligible person shall be entitled to receive more than one

automobile or other conveyance under the provisions of this

chapter, and no payment shall be made under this chapter for the

repair, maintenance, or replacement of an automobile or other

conveyance.

(b) Except as provided in subsection (d) of section 3902 of this

title, no eligible person shall be provided an automobile or other

conveyance under this chapter until it is established to the

satisfaction of the Secretary, in accordance with regulations the

Secretary shall prescribe, that the eligible person will be able to

operate the automobile or other conveyance in a manner consistent

with such person's own safety and the safety of others and will

satisfy the applicable standards of licensure to operate the

automobile or other conveyance established by the State of such

person's residency or other proper licensing authority.

(c)(1) An eligible person shall not be entitled to adaptive

equipment under this chapter for more than two automobiles or other

conveyances at any one time or (except as provided in paragraph (2)

of this subsection) during any four-year period.

(2) In a case in which the four-year limitation in paragraph (1)

of this subsection precludes an eligible person from being entitled

to adaptive equipment under this chapter, if the Secretary

determines that, due to circumstances beyond the control of such

person, one of the automobiles or other conveyances for which

adaptive equipment was provided to such person during the

applicable four-year period is no longer available for the use of

such person, the Secretary may provide adaptive equipment to such

person for an additional automobile or other conveyance during such

period. Provision of adaptive equipment under this paragraph is

within the discretion of the Secretary. Any action to provide

adaptive equipment under this paragraph shall be made pursuant to

regulations which the Secretary shall prescribe.

(d) Adaptive equipment shall not be provided under this chapter

unless it conforms to minimum standards of safety and quality

prescribed by the Secretary.

(e)(1) The Secretary shall provide, directly or by contract, for

the conduct of special driver training courses at every hospital

and, where appropriate, at regional offices and other medical

facilities, of the Department to instruct such eligible person to

operate the type of automobile or other conveyance such person

wishes to obtain with assistance under this chapter, and may make

such courses available to any veteran, eligible for care under

chapter 17 of this title or member of the Armed Forces, who is

determined by the Secretary to need the special training provided

in such courses even though such veteran or member is not eligible

for the assistance provided under this chapter.

(2) The Secretary is authorized to obtain insurance on

automobiles and other conveyances used in conducting the special

driver training courses provided under this subsection and to

obtain, at Government expense, personal liability and property

damage insurance for all persons taking such courses without regard

to whether such persons are taking the course on an in-patient or

out-patient basis.

(3) Notwithstanding any other provision of law, the Secretary may

obtain, by purchase, lease, gift, or otherwise, any automobile,

motor vehicle, or other conveyance deemed necessary to carry out

the purposes of this subsection, and may sell, assign, transfer, or

convey any such automobile, vehicle, or conveyance to which the

Department obtains title for such price and upon such terms as the

Secretary deems appropriate; and any proceeds received from any

such disposition shall be credited to the applicable Department

appropriation.

-SOURCE-

(Added Pub. L. 91-666, Sec. 2(a), Jan. 11, 1971, 84 Stat. 2000,

Sec. 1903; amended Pub. L. 93-538, Sec. 4(a), (b), Dec. 22, 1974,

88 Stat. 1736, 1737; Pub. L. 94-581, title I, Sec. 108, Oct. 21,

1976, 90 Stat. 2847; Pub. L. 97-66, title III, Sec. 303, Oct. 17,

1981, 95 Stat. 1030; Pub. L. 98-543, title III, Sec. 305(b), Oct.

24, 1984, 98 Stat. 2748; renumbered Sec. 3903 and amended Pub. L.

102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 404-406; Pub. L. 106-117, title VIII, Sec. 804,

Nov. 30, 1999, 113 Stat. 1586.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former sections 1902 and 1904 of this title prior to

the general revision of this chapter by Pub. L. 91-666.

AMENDMENTS

1999 - Subsec. (e)(2). Pub. L. 106-117 struck out "(not owned by

the Government)" after "automobiles and other conveyances".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1903 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3902" for

"1902".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Subsecs. (c)(2), (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (e)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Subsec. (e)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (e)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in two places.

1984 - Subsec. (c). Pub. L. 98-543 designated existing provisions

as par. (1), substituted "two automobiles or other conveyances at

any one time or (except as provided in paragraph (2) of this

subsection) during any four-year period" for "one automobile or

other conveyance at any one time", and added par. (2).

1981 - Subsec. (b). Pub. L. 97-66 substituted "the Administrator

shall prescribe" for "he shall prescribe" and "such person's" for

"his" in two places.

1976 - Subsec. (e)(1). Pub. L. 94-581, Sec. 108(1), substituted

"any veteran, eligible for care under chapter 17 of this title or

member of the Armed Forces, who is determined" for "any veteran or

member of the Armed Forces, eligible for care under chapter 17 of

this title, who is determined".

Subsec. (e)(3). Pub. L. 94-581, Sec. 108(2), added par. (3).

1974 - Pub. L. 93-538, Sec. 4(b), substituted "Limitations on

assistance; special training courses" for "Limitations on

assistance" in section catchline.

Subsec. (e). Pub. L. 93-538, Sec. 4(a), added subsec. (e).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 305(c) of Pub. L. 98-543 provided that:

"(1) The amendments made by this section [amending this section

and section 1902 [now 3902] of this title] shall take effect on

January 1, 1985.

"(2) In the case of a person who during the four-year period

ending on December 31, 1984, was provided adaptive equipment under

chapter 39 of title 38, United States Code, for an automobile or

other conveyance and who has such automobile or other conveyance

available for use on the date of the enactment of this Act [Oct.

24, 1984], the first four-year period applicable to such person

under subsection (c) of section 1903 [now 3903] of such title (as

amended by subsection (a)) shall begin on the most recent date

before January 1, 1985, on which such person was provided such

equipment."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-538 effective first day of second

calendar month following Dec. 22, 1974, see section 6 of Pub. L.

93-538, set out as a note under section 3901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3902, 3904 of this title.

-End-

-CITE-

38 USC Sec. 3904 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 39 - AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED

VETERANS AND MEMBERS OF THE ARMED FORCES

-HEAD-

Sec. 3904. Research and development

-STATUTE-

(a) In carrying out medical and prosthetic research under section

7303 of this title, the Secretary, through the Under Secretary for

Health, shall provide for special emphasis on the research and

development of adaptive equipment and adapted conveyances

(including vans) meeting standards of safety and quality prescribed

under subsection (d) of section 3903, including support for the

production and distribution of devices and conveyances so

developed.

(b) In carrying out subsection (a) of this section, the

Secretary, through the Under Secretary for Health, shall consult

and cooperate with the Secretary of Health and Human Services and

the Secretary of Education, in connection with programs carried out

under section 204(b)(3) of the Rehabilitation Act of 1973 (relating

to the establishment and support of Rehabilitation Engineering

Research Centers).

-SOURCE-

(Added Pub. L. 93-538, Sec. 5(a), Dec. 22, 1974, 88 Stat. 1737,

Sec. 1904; amended Pub. L. 94-581, title II, Sec. 205(b)(2), (3),

Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95-602, title I, Sec. 122(f),

Nov. 6, 1978, 92 Stat. 2987; Pub. L. 97-295, Sec. 4(69), Oct. 12,

1982, 96 Stat. 1310; Pub. L. 102-40, title IV, Sec. 403(b)(1), May

7, 1991, 105 Stat. 239; renumbered Sec. 3904 and amended Pub. L.

102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,

1992, 106 Stat. 1984; Pub. L. 105-220, title IV, Sec. 414(c), Aug.

7, 1998, 112 Stat. 1242.)

-REFTEXT-

REFERENCES IN TEXT

Section 204(b)(3) of the Rehabilitation Act of 1973, referred to

in subsec. (b), is classified to section 764(b)(3) of Title 29,

Labor.

-MISC1-

PRIOR PROVISIONS

Prior sections 4001 to 4005 were renumbered sections 7101 to 7105

of this title, respectively.

Another prior section 4005, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1241, related to applications for review on appeal, prior to

repeal by Pub. L. 87-666.

Prior section 4006 was renumbered section 7106 of this title.

Another prior section 4006 was renumbered section 4007 of this

title.

Prior section 4007 was renumbered section 7107 of this title.

Another prior section 4007, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1242, related to simultaneously contested claims, prior to

repeal by Pub. L. 87-666. See section 7105A of this title.

Prior sections 4008 to 4010, 4051 to 4056, 4061 to 4069, 4081 to

4085, 4091, 4092, and 4096 to 4098 were renumbered sections 7108 to

7110, 7251 to 7256, 7261 to 7269, 7281 to 7285, 7291, 7292, and

7296 to 7298 of this title, respectively.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-220 substituted "section

204(b)(3) of the Rehabilitation Act of 1973" for "section 204(b)(2)

of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))".

1992 - Subsecs. (a), (b). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1904 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3903" for

"1903".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-40 substituted "section 7303" for "section 4101".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" before "through".

1982 - Subsec. (b). Pub. L. 97-295 substituted "Health and Human

Services and the Secretary of Education" for "Health, Education,

and Welfare and the Commissioner of the Rehabilitation Services

Administration, Department of Health, Education, and Welfare", and

"section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C.

762(b)(2))" for "section 3(b) of the Rehabilitation Act of 1973

(Public Law 93-112; 87 Stat. 357) (relating to the development and

support, and the stimulation of the development and utilization,

including production and distribution of new and existing devices,

of innovative methods of applying advanced medical technology,

scientific achievement, and psychological and social knowledge to

solve rehabilitation problems), and section 204(b)(2) of such Act".

1978 - Subsec. (b). Pub. L. 95-602 substituted "and section

204(b)(2) of such Act" for "section 202(b)(2) of such Act" and

struck out ", and section 405 of such Act (relating to the

Secretarial responsibilities for planning, analysis, promoting

utilization of scientific advances, and information clearinghouse

activities)" after "Research Centers)".

1976 - Pub. L. 94-581, Sec. 205(b)(2), struck out "; coordination

with other Federal programs" in section catchline.

Subsec. (a). Pub. L. 94-581, Sec. 205(b)(3), substituted "medical

and prosthetic research" for "prosthetic and orthopedic appliance

research under section 216 and medical research".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

EFFECTIVE DATE

Section effective first day of second calendar month following

Dec. 22, 1974, see section 6 of Pub. L. 93-538, set out as an

Effective Date of 1974 Amendment note under section 3901 of this

title.

-End-